The respondents brought a motion to strike two expert reports and related affidavit paragraphs filed by the applicant in a right-of-way dispute.
The court found that one expert's impartiality was compromised by reviewing settlement communications, and the other expert failed to comply with Rule 53.03 requirements for expert reports and refused cross-examination.
The court granted the motion, striking both expert reports and the referring affidavit paragraphs, and awarded costs to the respondents.